WH Lawyers Reportedly Advising Trump to Ramp Up Crisis Talk to Justify National Emergency Declaration

As Trump claims the “absolute right” to use a national emergency declaration to construct his border wall, White House lawyers have reportedly been directing him to increase his use of the word “crisis” in order to justify such a declaration if it is challenged in court.

According to CNN, the Trump administration’s escalating rhetoric around a supposed “crisis” at the border is no accident, and os part of a legal strategy to provide justification for the order if it ever happens, and is challenged in court:

That has included advising the President’s aides on ramping up talk of the humanitarian and security “crisis” — a characterization that administration lawyers could use later in court to defend a national emergency. The lawyers have suggested the more times the term is used, the more citations they will have in filing a legal defense.

The report also suggests that Trump has been using the White House Situation Room to boost his chances in court in the event of a challenge:

The lawyers are looking for other ways to illustrate that an emergency is underway, recognizing a declaration would be challenged by Democrats. That has also included hosting lawmakers in the Situation Room for talks, a setting that lends to the sense of crisis.

But if the point is to use “crisis” talk to bolster the Trump administration’s case if Democrats challenge him in court, Trump could also be hurting his chances by repeatedly, and explicitly, announcing that his potential use of emergency powers is intended to circumvent political opposition.

When asked what his “threshold” would be to declare a national emergency, Trump did not cite crisis conditions at the border, he said “My threshold will be if I can’t make a deal with people that are unreasonable.”